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Title 5, Government Organization and EmployeesRelease 119-110

§8113 Increase or Decrease of Basic Compensation

Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 81 — COMPENSATION FOR WORK INJURIES › SUBCHAPTER I — GENERALLY › § 8113

Last updated Sep 22, 2026|Official source

Summary

If a worker was a minor or a trainee when injured and had no physical or mental disability before the injury, the Secretary of Labor must, when reviewing the case under section 8128 after the time their earning ability would likely have increased, recalculate their future disability payments using an assumed monthly pay that matches the likely higher earning capacity. If a person, without good reason, fails to apply for or take vocational rehabilitation when ordered under section 8104, the Secretary, on review under section 8128 and if it’s found the person would probably have had a substantial increase in earning ability, may lower future disability payments to what the person likely would have earned until they honestly comply with the rehabilitation order.

Full Legal Text

Title 5, §8113

Government Organization and Employees, Source: USLM XML via OLRC

(a)If an individual—
(1)was a minor or employed in a learner’s capacity at the time of injury; and
(2)was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under section 8128 of this title after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.
(b)If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 756(d).Oct. 14, 1949, ch. 691, § 105 “Sec. 6(d)”, 63 Stat. 859. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ActThis section amends section 8113(b) of title 5, United States Code, to conform to the source statute (sec. 6(d)(1) of the Federal Employees’ Compensation Act, as amended (63 Stat. 859)).

Editorial Notes

Amendments

1974—Subsecs. (b), (c). Pub. L. 93–416 struck out subsec. (b) which authorized the Secretary to prospectively recompute compensation because of decreased wage earning power after age 70, aside from injury, and redesignated subsec. (c) as (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–416 applicable to case where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

Effective Date

of 1967 AmendmentAmendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8113

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110